Fla. Stat. § 400.0073
State and local ombudsman council investigations
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2015
As of January 1, 2011
(1) A local council shall investigate, within a reasonable time after a complaint is made, any complaint of a resident, a representative of a resident, or any other credible source based on an action or omission by an administrator, an employee, or a representative of a long-term care facility which might be:
(a) Contrary to law;
(b) Unreasonable, unfair, oppressive, or unnecessarily discriminatory, even though in accordance with law;
(c) Based on a mistake of fact;
(d) Based on improper or irrelevant grounds;
(e) Unaccompanied by an adequate statement of reasons;
(f) Performed in an inefficient manner; or
(g) Otherwise adversely affecting the health, safety, welfare, or rights of a resident.
(2) In an investigation, both the state and local councils have the authority to hold public hearings.
(1) A representative of the State Long-Term Care Ombudsman Program shall identify and investigate, within a reasonable time after a complaint is made, by or on behalf of a resident relating to actions or omissions by providers or representatives of providers of long-term care services, other public agencies, guardians, or representative payees which may adversely affect the health, safety, welfare, or rights of residents.
(2) Subsequent to an appeal from a local council, the state council may investigate any complaint received by the local council involving a long-term care facility or a resident.
(3) If a representative of the State Long-Term Care Ombudsman Program is not allowed to enter a long-term care facility, the administrator of the facility shall be considered to have interfered with a representative of the State Long-Term Care Ombudsman Program in the performance of official duties as described in s. 400.0083(1) and to have violated this part. The representative of the State Long-Term Care Ombudsman Program shall report a facility’s refusal to allow entry to the state ombudsman or his or her designee, who shall report the incident to the agency, and the agency shall record the report and take it into consideration when determining actions allowable under s. 400.102, s. 400.121, s. 429.14, s. 429.19, s. 429.69, or s. 429.71.
Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.